Policy, jurisdiction, nature of proceedings
- The Land Transportation Office declares policy to protect the interest of the government, the transacting public, and the transportation industry.
- The rules govern adjudication of traffic apprehension cases and are promulgated pursuant to Republic Act No. 4136 as amended, Executive Order No. 125-A, Executive Order No. 266, Memorandum Circular No. 89-105, Department Order 93-693, and Memorandum Circular 515.
- Proceedings in the Traffic Adjudication Service (TAS), Central Office, or LTO regional/district offices are summary in nature.
- Technicalities in regular courts are not strictly applied, but due process shall always be observed.
- The Rules of Court apply suppletory character.
Parties and roles in cases
- The apprehending officer or the person issuing the Temporary Operators Permit (TOP) or the Apprehension Report who charges a person for violation is the complainant, as is any person who files the complaint.
- The person charged for violation is the respondent once a complaint is filed through issuance of a TOP or apprehension report.
- Any person claiming an adverse right or interest to an apprehension case or confiscated item, other than the driver and/or operator, is an intervenor.
Classification of apprehension cases
- Litigable apprehension cases are violations in the TOP or apprehension report that are contested by the respondent and require a hearing where the complainant, respondent, and/or intervenor (or their authorized representatives/counsels) may present evidence under oath.
- Litigable hearings are conducted by TAS Central Office or, in regional offices, by the regional directors (or their authorized representatives).
- Litigable proceedings are administrative in nature and exercise quasi-judicial functions.
- Non-litigable apprehension cases are apprehensions admitted by the violator.
- In non-litigable cases, the adjudication officer computes proper fines and penalties based on the citations in the TOP and the schedule of fines and penalties authorized by the Office.
- Non-litigable offenses include:
- Cases readily admitted during office hours under oath before the Hearing Officer.
- Cases resolved by presentation of original/authenticated documents or certified true copies of the originals, presented under oath during office hours before the Hearing Officer.
- Notations in the same TOP or Apprehension Report intended to describe a violation already mentioned.
- Violations covered, included, absorbed, interrelated, component part, or mere duplication of another violation in the same TOP/Apprehension Report where determination needs no further proceeding.
Commencement, contents, dismissal, summons
- An apprehension action is deemed commenced upon receipt of a copy of the TOP or Apprehension Report by TAS or the regional/district office, and upon appearance of the respondent or duly authorized representative/counsel before the designated hearing officer.
- The TOP or Apprehension Report must contain:
- Respondent’s name and address.
- The violation/s charged.
- The motor vehicle plate number and driver’s license number.
- The apprehending officer’s name and address/office where summons may be served.
- Apprehending officer’s signature.
- Other information necessary to clarify the violation/s.
- The TAS Director (Central Office) or Regional Director may dismiss a violation on these grounds:
- The respondent presents original and authentic pertinent documents controverting the violations cited.
- Lack of jurisdiction.
- Failure or refusal of the apprehending officer or designated prosecutor to prosecute traffic/moving violations.
- Willful refusal of the apprehending officer or designated prosecutor to perform lawful orders of the TAS Director/CO/Regional Director or duly designated hearing officer.
- For grounds involving failure/refusal to prosecute or willful refusal to perform lawful orders (items c and d), a report must be made to the Assistant Secretary for appropriate disciplinary action.
- If a previous violation remains unsettled after a reasonable lapse of time, the violator/respondent must pay the corresponding prescribed penalty for such violation, and the apprehension case shall not be dismissed merely because the first (white) copy of the TOP cannot be produced or because the driver is no longer employed by the operator/owner.
- A violation shall not be dismissed if the respondent is unable to comply with the 24-hour contestability period for smoke-belching violations under the implementing rules.
- The TAS Central Office Administrative/Records Officer must:
- Act as custodian of records of apprehension cases.
- Assist preparation of decisions/resolutions/orders for adjudication.
- Ensure records are intact, including pertinent documents.
- Maintain a logbook for received, pending, and resolved cases.
- Similar functions are performed by designated personnel in regional/district offices.
- The TAS Central Office administrative/records officer must conduct a raffle of cases before assignment to hearing officers, who must immediately resolve an admitted non-litigable case or set for hearing a contested litigable case; the same procedure applies in regional/district offices.
- Upon receipt of a notice to contest filed by the respondent or intervenor (or authorized representative/counsel), the TAS Central Office Director, Regional Director, or designated hearing officer sets the case for hearing.
- Hearing date must be not less than three (3) days from receipt of notice to the parties.
- The summons, together with copies of:
- Notice to contest or intervene stating legal and factual grounds.
- Copy of the TOP and/or Apprehension Report (if any).
- Other pertinent document,
must be served to the apprehending officer, respondent, and intervenor.
- Summons must be served in person or by leaving a copy with a competent person of suitable age and discretion who is in charge of the residence or office; refusal to receive summons is deemed effected by tendering or leaving a copy in the residence or office on record.
- The server must execute an affidavit of service within two (2) days from service.
- If personal service is impractical, summons may be served by registered mail.
- The TAS Central Office Director or Regional Director may require a party, in proper cases, to file an answer, memorandum, or other responsive pleading.
Hearing, evidence, prosecutors, disqualification
- No decision, order, or resolution is valid without a hearing conducted under these rules.
- In admitted apprehension cases, subject to Memorandum Circular No. 515, all fines must be paid and accessory penalties must be complied with or served by the respondent.
- In contested cases, no violation in the TOP is dismissed without approval by the TAS Central Office Director or Regional Director.
- Submission of the minutes of the hearing, investigation report, and other pertinent documents by the designated hearing officer is mandatory.
- No apprehension case is resolved or acted upon unless due notice is given to the respondent or authorized representative/counsel and the person appearing must manifest presence before the TAS Director/Regional Director or hearing officer.
- Evidence procedure in contested cases:
- The complainant/prosecutor presents evidence on direct examination, the respondent/counsel cross-examines, and then re-direct and re-cross follow; complainant makes a formal offer.
- The respondent presents evidence on direct examination, the prosecutor/complainant cross-examines, then re-direct and re-cross follow; respondent makes a formal offer of evidence; case is submitted for resolution.
- The Hearing Officer may adopt a summary procedure guided by due process to ascertain truth and deliver expeditious, fair, and unexpensive justice.
- The Director of the Law Enforcement Service, Central Office is the ex officio Chief Prosecutor of all contested apprehension cases in the Central Office and may designate a representative in writing.
- In regional/district offices, prosecutors are designated in writing by the Regional Director subject to approval by the Assistant Secretary.
- Prosecutors exercise direct supervision and control over prosecution of contested apprehension cases.
- Prosecutors must come from the ranks of law enforcement officers; in no case shall the hearing officer act as prosecutor.
- No Hearing Officer, TAS Central Office Director, or Regional Director may adjudicate on these grounds:
- When the person or a relative within the fourth degree of consanguinity or affinity is interested in the outcome.
- When the person voluntarily inhibits on a just and valid ground.
- All motions for disqualification and/or inhibition of a hearing officer are approved by the TAS Central Office Director or Regional Director.
Prohibited pleadings and conduct restrictions
- In the original proceedings of an apprehension case, the following pleadings are not given due course:
- Motion to extend validity of Temporary Operators Permit (TOP).
- Motion for bill of particulars.
- Motion to lift or shorten suspension period of driver’s license, M.V. plates, M.V. Official Receipt of Registration, or Certificate of Registration.
- Motion to reduce fine.
- Motion to release confiscated plates, official receipt of registration, and Certificate of Registration before correction of defects.
- No LTO official or employee may interfere in the adjudication of an apprehension case.
- Any LTO official or employee found interfering or facilitating an apprehension case must be subjected to administrative or criminal action.
Common violations, penalties application, decisions, finality
- When violations in the same TOP are covered, included, absorbed, interrelated, accessory, component part, or mere duplication of another violation, the penalty for the violation carrying the higher penalty is imposed or collected after proper determination approved by the TAS Director/Regional Director or their duly authorized approving officer.
- Common violations absorbed/covered/interrelated/duplicated are treated as one violation only with the highest fine to be imposed, including:
- Driving without license (including driving with invalid/delinquent/suspended/ineffectual/revoked license; failure to surrender or sign license; driving with expired T.O.P. or T.C.T.).
- Using fake driver’s license (including driving with invalid/unsigned or without license and failure to carry).
- Operating an unregistered or improperly registered motor vehicle and related scenarios (including failure to carry OR and CR, improper plate attachment/visibility, dirty plates, and no sticker showing current registration; including substitute/replacement engine block or chassis).
- Illegal transfer of plates/stickers (including operation of an unregistered MV and related minor accessory/component violations).
- When illegally transferred plate/sticker is used for colorum or private motor vehicle as for hire, illegal transfer and colorum violations are treated and fined separately.
- Overloading of cargoes and freight (including top load and excess axle load).
- Out of line (improper/fraudulent painting of panel route; illegal display of signboard/s).
- Colorum operation (including failure to carry CPC, expired CPC, or Provisional Authority; and other violations of the Public Service Law).
- Refusal to convey passenger (including refusal to render public service; contracting passengers; breach of franchise conditions when the violated condition in the CPC is not specified in the TOP).
- Use of fake documents/stickers when more than one document is misrepresented or is fake/spurious: violations may be consolidated as one, with the fine capped at a maximum of 5,000.00 or 3,000.00.
- Reckless driving (including obstruction, illegal parking, and disregarding traffic signs).
- Illegal parking (including obstruction).
- No uniform (wearing slippers, short pants, or t-shirt without collar).
- Fast, tampered, defective or reconnected taxi meter (including tampered/broken/joined/reconnected sealing wire; loose meter/triplex seal; cut wire; old meter/triplex seal; no meter seal; and no taxi meter).
- Flagged-up meter (including illegal display of signboard; contracting passengers).
- All decisions, orders, and resolutions are subject to approval of the TAS Central Office Director, Regional Director, or their duly designated representative.
- The administrative officer of the TAS Central Office or duly designated regional/district personnel must keep and record decisions, orders, and resolutions.
- Finality rules:
- Admitted traffic/moving violation cases become final immediately.
- Contested cases become final five (5) days after receipt of the decision/order/resolution by the apprehending officer or complainant, provided no motion for reconsideration is filed during that period; during the period, no fine is collected.
- All other parties are entitled to copies during the period.
- Guidelines on releasing confiscated driver’s licenses, MV plates, or impounded motor vehicles must always be observed.
- Authority of the Assistant Secretary to review and/or reverse may be exercised within a reasonable time from discovery/knowledge.
- Service of decisions/orders/resolutions:
- All parties must be served with copies by personal service or by registered mail; service is considered effective upon actual receipt.
- When the case involves violations of the Public Service Law, the chairman or concerned Regional Managers of the Land Transportation Franchising and Regulatory Board must also be furnished a copy.
Motions, appeals, and hearing officers’ functions
- Any aggrieved party may file a motion for reconsideration within five (5) days from receipt of the decision/order/resolution by the TAS Central Office Director or Regional Director.
- Grounds for reconsideration are limited to:
- Serious errors of law or facts resulting to injustice if not corrected.
- Newly discovered evidence.
- Only one (1) motion for reconsideration is entertained.
- An aggrieved party may file an appeal within ten (10) days from receipt of the denial of a motion for reconsideration to the LTO Assistant Secretary based on any legal ground.
- The TAS Director Central Office or Regional Director elevates records to the LTO Assistant Secretary, and if the Assistant Secretary’s decision/order is under review, the records are forwarded by the LTO Assistant Secretary to the Secretary of the Department of Transportation and Communications within the same period.
- Decisions/orders/resolutions subject of appeal/review must be rendered within a reasonable time.
- Hearing officers must:
- Be at least a college graduate of a four (4) year course.
- Occupy a position with at least salary grade fifteen (15).
- Have at least two (2) years experience performing LTO law enforcement or adjudication functions, except that the requirement may be disregarded if the hearing officer is a full pledged lawyer.
- Be designated in writing as Hearing Officer by the TAS Central Office Director or Regional Director, subject to approval by the Assistant Secretary.
- The apprehending law enforcement officer (LEO) cannot be designated as hearing officer at the same time.
- TAS Central Office/Regional hearing officers must:
- Hear and decide cases relative to violations of land transportation laws/rules/regulations subject to approval by the TAS Central Office Director or Regional Director.
- Issue subpoenas (ad testificandum and/or duces tecum) to assure attendance of parties and witnesses and to impose correct penalties.
- Impose correct fines and penalties after proper handling of cases.
- Act as approving officer for apprehension cases when properly designated by the TAS Central Office Director or Regional Director.
- Administer oath/affirmation of witnesses in cases handled.
- Suspend or hold release of impounded motor vehicles, plates, driver’s licenses, OR/CR, or confiscated parts/accessories subject to approval of the TAS or Regional Director.
- Release Driver’s License, License Plates, Impounded Motor Vehicles, and other confiscated items upon final disposition.
- Duties of hearing officers:
- Submit daily report of adjudicated cases to the TAS Central Office Director/Regional Director as prescribed under TAS Form 002, Annex J of M-515.
- Receive evidence submitted by parties.
- Prepare and submit minutes of hearings, investigation reports, and pertinent documents.
- Prepare resolutions/decisions/orders for submission to the approving director.
- Perform other order functions assigned by the TAS Central Office Director.
Requirements for releasing confiscated items
- For release of a confiscated driver’s license, the claimant must present:
- A copy of the TAS Central Office or Regional Office resolution duly signed by the TAS Director or Regional Director (or authorized representative).
- The pink copy of the TOP (or the driver’s copy).
- The original copy of the seminar certificate issued by TSD.
- Other documents stated in the resolution.
- A document identifying the claimant.
- Proof of payment of the fine/s.
- For release of an impounded motor vehicle, the claimant must present:
- A copy of the TAS Central Office or Regional Office resolution duly signed and approved by the TAS Director or Regional Director (or authorized representative).
- The original M.V. impounding receipt (or driver/operator’s copy).
- Original/authenticated copy of OR/CR showing payment of current registration fee and ownership of the impounded motor vehicle.
- L.T.F.R.B. franchise verification.
- Stencil of motor and chassis numbers.
- Other documents stated in the resolution, order, or decision.
- Documents for release must be presented to the duly designated custodian for release of the impounded motor vehicle or confiscated item.
- When an accessory penalty requires plate detachment, the impounding officer must remove the plate/s and surrender them to the plate custodian for safe keeping; the plate custodian must acknowledge in the resolution that plates were received, and the driver/operator must bring the release paper to the MV custodian for release of the unit.
- When the violation requires suspension of driver’s license, OR/CR, and plates and that suspension has already been served, a lifting order from the TAS or regional/district office duly signed and approved by the TAS Director Central Office or Regional Director (or duly designated representative) is required before the authorized custodian causes the lifting on the alarm of motor vehicle, driver’s license, or MV plates based on the TAS orders/resolution/decision.
Repeal and reproduction; effectivity rule
- The rules repeal all previous issuances or parts inconsistent with these rules.
- The pertinent provisions of R.A. No. 4136 and E.O. No. 125-A, and the guidelines set forth in Memorandum Circular No. 515 dated June 14, 2004 and other issuances are reproduced herein by reference and form an integral part of the rules.